§ 4-21.5-5-9 — Stay of order pending court decision

Indiana § 4-21.5-5-9

• Jurisdiction: Indiana
• Art. 21.5: ADMINISTRATIVE ORDERS AND
• Ch. 5: Judicial Review

Text

(a) If a petition for judicial review concerns a
matter other than an assessment or determination of tax due or claimed
to be due the state, and the law concerning the agency whose order is
being reviewed does not preclude a stay of the order by the court, the
person seeking the review may seek, by filing a verified petition, an
order of the court staying the action of the agency pending decision by
the court. The court may enter an order staying the agency order
pending a final determination if:
(1) the court finds that the petition for review and the petition for
a stay order show a reasonable probability that the order or
determination appealed from is invalid or illegal; and
(2) a bond is filed that is conditioned upon the due prosecution of
the proceeding for review and that the petitioner will pay all court
costs and abide by the order of the agency if it is not set aside.
The bond must be in the amount and with the surety approved by
the court. However, the amount of the bond must be at least five
hundred dollars ($500).
(b) If a petition for review concerns a revocation or suspension of
a license and the law governing the agency permits a staying of the
action of the agency by court order pending judicial review, any stay
ordered under subsection (a) is effective during the period of the
review and any appeal from the review and until the review is finally
determined, unless otherwise ordered by the court granting the stay. If
the stay is granted as provided in this section and the determination of
the agency is approved on final determination, the revocation or
suspension of the license immediately becomes effective.

Legislative History

As added by P.L.18-1986, SEC.1. Amended by P.L.35-1987, SEC.20.